Senior Courts Act 2016

Supreme Court - Leave to appeal

74: Criteria for leave to appeal

You could also call this:

"When You Can Ask the Supreme Court to Hear Your Appeal"

You can appeal to the Supreme Court if it is necessary for justice. The Supreme Court decides if it is necessary. It looks at things like if the appeal is important to many people or if something unfair might happen. You can also appeal if the case is about something that affects business in a big way. If the appeal is about the Treaty of Waitangi, it is considered important to many people. The Supreme Court is careful about when it allows appeals, especially if the case is not finished yet. The Supreme Court makes its decision based on what is fair. It thinks about what is best for justice in each case.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5759413.

This page was last updated on 9 February 2026 — View changes

Topics:

Crime and justice > Courts and legal helpMaori affairs > Treaty of Waitangi

73: Appeals to be by leave, or

"You need court permission to appeal to the Supreme Court."

75: No direct appeal from court other than Court of Appeal unless exceptional circumstances established, or

"You can't appeal straight to the Supreme Court unless it's really necessary and special circumstances apply."

Part 4Supreme Court
Leave to appeal

74Criteria for leave to appeal

The Supreme Court must not give leave to appeal to it unless it is satisfied that it is necessary in the interests of justice for the court to hear and determine the appeal.
It is necessary in the interests of justice for the Supreme Court to hear and determine a proposed appeal if—
the appeal involves a matter of general or public importance; or
a substantial miscarriage of justice may have occurred, or may occur unless the appeal is heard; or
the appeal involves a matter of general commercial significance.

For the purposes of subsection (2)(a), a significant issue relating to the Treaty of Waitangi is a matter of general or public importance.
The Supreme Court must not give leave to appeal to it against an order made by the Court of Appeal on an interlocutory application unless satisfied that it is necessary in the interests of justice for the Supreme Court to hear and determine the proposed appeal before the proceeding concerned is concluded.
Subsection (2) does not limit the generality of subsection (1) and subsection (3) does not limit the generality of subsection (2)(a).

Compare

2003 No 53 s 13